[Federal Register: July 16, 1999 (Volume 64, Number 136)]
[Notices]               
[Page 38501-38502]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16jy99-138]                         

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33767]

 
CSX Transportation, Inc.--Trackage Rights Exemption--Grand Trunk 
Western Railroad Incorporated

    Grand Trunk Western Railroad Incorporated (GTW), a wholly owned 
subsidiary of Canadian National Railway Company (CN), has agreed to 
grant non-exclusive overhead trackage rights to CSX Transportation, 
Inc. (CSXT), over main line track of GTW between the proposed CN/
Consolidated Rail Corporation (CRC) connection at Milwaukee Junction, 
Detroit, MI, near milepost 54.6 and the existing CN connection with 
Norfolk Southern Railway Company (NSR) at West Detroit, MI,<SUP>1</SUP> 
near milepost 50.2, on CN's Shoreline Subdivision, a total distance of 
approximately 4.4 miles.<SUP>2</SUP> The purpose of the trackage rights 
is to improve service to customers by reducing congestion and delays in 
the

[[Page 38502]]

West Detroit, Delray and Ecorse Junction, MI areas. The transaction was 
expected to be consummated on or after July 6, 1999 (the effective date 
of the exemption was July 5, 1999, 7 days after notice of the exemption 
was filed).
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    \1\ CSXT has the right to enter and exit the involved trackage 
at the proposed Milwaukee Junction connection and the existing 
connection at West Detroit or at other points that may be agreed 
upon by the parties.
    \2\ A redacted version of the trackage rights agreement between 
CSXT, CRC, NSR and GTW was filed with the notice of exemption. The 
full version of the agreement was concurrently filed under seal 
along with a motion for a protective order, which will be addressed 
in a separate decision. CRC and NSR are also apparently filing 
similar notices of exemption with the Board.
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    As a condition to this exemption, any employees affected by the 
trackage rights will be protected by the conditions imposed in Norfolk 
and Western Ry. Co.--Trackage Rights--BN, 354 I.C.C. 605 (1978), as 
modified in Mendocino Coast Ry., Inc.--Lease & Operate, 360 I.C.C. 653 
(1980).
    This notice is filed under 49 CFR 1180.2(d)(7). If it contains 
false or misleading information, the exemption is void ab initio. 
Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed 
at any time. The filing of a petition to revoke will not automatically 
stay the transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 33767, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, N.W., 
Washington, DC 20423-0001. In addition, a copy of each pleading must be 
served on Charles M. Rosenberger, CSX Transportation, Inc., 500 Water 
Street (J150), Jacksonville, FL 32202.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: July 12, 1999.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 99-18214 Filed 7-15-99; 8:45 am]
BILLING CODE 4915-00-P